Spouse Visa

1. UK Spouse Visa
2. Spouse Visa Eligibility Requirements
   • • Relationship Requirements
     • Financial Requirements
     • English Language Requirement
     • Accommodation Standards
     • Health and Character Requirements
3. Spouse Visa Application Process
   • • Applying from Outside the UK
     • Switching to a Family Visa
     • Extending Your Stay
4. Spouse Visa Required Documents
   • • Proving Your Relationship
     • Proof of Financial Stability
     • English Language Proof
     • Additional Documents
5. Application Fees and Healthcare Surcharge
6. Processing Times and What to Expect
   • • Standard Processing Times
     • Expedited Processing Options
7. Alternative Routes and Special Circumstances
   • • 10-Year Route
     • Humanitarian Protection and Refugee Status
8. Decision on your Spouse Visa Application
   • • Spouse Visa Approval: Next Steps
     • What If My Visa Is Refused?
9. Spouse Visa Extension
   • • Extension for an Additional 30 Months
     • Re-evaluation of Circumstances
     • Planning for Indefinite Leave to Remain (ILR)
10. Common Reasons for Spouse Visa Refusal
    • • Understanding Visa Refusals
      • Appeals and Fresh Applications
11. Download Spouse Visa Booklet
12. FAQs
13. Visa Glossary
14. Visa Resources

The UK Spouse Visa is designed for non-British individuals who are married to or in a civil partnership with a British citizen, someone with settled status, or a person holding humanitarian protection in the UK, allowing them to live and work in the UK. This visa applies to married couples, in a recognised civil partnership, or planning to officially marry or enter into a civil partnership in the UK within six months (also known as a fiancé visa).

Although this visa is known by various names, such as partner visa or marriage visa, the criteria for eligibility are quite strict. These stringent requirements can sometimes cause legal challenges and stress for applicants. We aim to guide you through these requirements with clarity and precision, helping ease the process and reduce any potential distress.

Relationship Requirements:

To qualify for a UK Spouse Visa, applicants must demonstrate a genuine and ongoing relationship with their UK-based partner. This relationship can be established through various types of documentation and evidence, such as:

• Marriage or Civil Partnership: Applicants must either be legally married or in a civil partnership recognized in the UK. Alternatively, they can apply as fiancés or proposed civil partners, planning to marry or enter into a civil partnership within six months of arrival.
• Long-Term Cohabitation: Those in long-term relationships who have been cohabiting for at least two years can also qualify for a Spouse Visa.
• Shared Children’s Documents: If the couple has children, birth certificates or adoption papers can support the application by illustrating shared responsibility and a deep family connection.
• Financial Entanglements: Evidence of joint financial activities, such as shared bank accounts, mortgages, tenancy agreements, or joint savings, can significantly strengthen the application. These documents highlight a mutual financial commitment and responsibility in the relationship.
• Coexistence Proof: Tangible proof of time spent together, including photographs from various events, travel documents, and records of shared activities, helps illustrate the couple’s shared life and history together.
• Communication Logs: Digital communication records, such as text messages, emails, or social media interactions, provide valuable insight into the ongoing nature of the relationship. These logs should reflect regular and consistent communication, showcasing the depth and continuity of the relationship.

Financial Requirements:

Meeting the financial requirement is one of the core aspects of the UK Spouse Visa application. Applicants must demonstrate that their UK-based sponsor has sufficient income to support the partner without relying on public funds.

• Income Threshold: The sponsoring partner must have an annual income of £29,000. If children are involved, the requirement increases by £3,800 for the first child and £2,400 for each additional child.

• Types of Acceptable Income: Income can be derived from a variety of sources, including:

• • Employment or Self-Employment Earnings: The sponsor can meet the requirement through regular employment or self-employment, demonstrated by payslips, tax returns, or other financial documents.
  • Non-Employment Income: Other accepted sources include income from pensions, investments, property rentals, or benefits such as maternity, paternity, or sickness payments. These can be used in conjunction with employment earnings to meet the income requirement.
• Savings:
  If the required income cannot be met through earnings alone, savings can be used. However, only savings above £16,000 can be considered. For example, if the income falls short, savings of £88,500 may be required to meet the financial threshold. The savings must have been held in the sponsor’s account for at least six months prior to the application date.

• Combination of Income and Savings: A combination of income and savings can also be used to meet the financial threshold. For example, if the sponsor has a shortfall in income, they can combine their earnings with savings to meet the requirement.

• Benefit Considerations:
  In certain circumstances, some UK benefits received by the sponsoring partner, such as Disability Living Allowance, Personal Independence Payment, or Carer’s Allowance, may exempt the sponsor from meeting the income threshold. Instead, the sponsor will need to demonstrate they can adequately maintain and accommodate their spouse without additional public funds.

This flexibility allows for various income streams and savings to be combined to ensure the financial requirement is met, a crucial aspect of the UK Spouse Visa application process.

English Language Requirement:

The English language requirement is an essential part of the UK Spouse Visa application. Applicants must prove a minimum level of proficiency in English for both initial applications and extensions.

• Proficiency Levels: At the initial application stage, applicants must demonstrate proficiency at A1 level on the CEFR scale. For visa extensions, this increases to A2 level, reflecting basic conversational skills needed for life in the UK.

• Exemptions for Certain Countries: Nationals from certain English-speaking countries, such as the USA, Canada, and Australia, are exempt from the English language requirement.

• Degrees Taught in English: Applicants who have completed a degree taught in English outside the UK must obtain an English Language Proficiency Statement from Ecctis (formerly UK NARIC) to validate their qualification.

• Approved Tests and Qualifications: For those taking an English language test, only Secure English Language Tests (SELTs) from Home Office-approved providers are accepted. The specific providers depend on the applicant’s location:

• • In the UK: Acceptable providers include LanguageCert, Pearson, Trinity College London, and IELTS SELT Consortium.
  • Outside the UK: Acceptable providers include LanguageCert, Pearson, PSI Services (UK) Ltd, and IELTS SELT Consortium.

Accommodation Standards

Recent updates to the UK Spouse Visa application process have brought more clarity to the accommodation requirements. These requirements emphasise the need for adequate and suitable living conditions for visa applicants and their families, focusing on avoiding overcrowding and ensuring safety standards. Here’s what you need to know:

Adequate Living Space: It’s important for the accommodation to meet the standard space requirements as per the UK Housing Act. This includes specific guidelines on the acceptable number of people per room, ensuring that the living space is not overcrowded.

Proof of Accommodation: Applicants need to provide evidence of their living arrangements. This can include a tenancy agreement, a letter from a landlord, or other relevant documents that prove where the applicant will stay with his/her spouse.

Health and Character Requirements

This requirement is to ensure that individuals entering the UK do not pose a threat to public health or safety. It’s critical to approach these disclosures transparently, as failure to do so can lead to application refusal. Updated guidelines include:

• TB Screening: Applicants from certain countries must undergo tuberculosis testing. The list of countries and testing protocols are periodically updated on gov.uk
• Character Considerations: Enhanced scrutiny of an applicant’s criminal history, including minor offences, stresses the importance of full disclosure and the potential for discretion under particular circumstances.

Applying from Outside the UK

When applying for a UK Spouse Visa from outside the UK, you’ll need to complete an online application form. This form requires detailed personal information, including your relationship history, financial information, and intent to reside in the UK. You’ll also need to provide evidence of your relationship and proof of meeting the financial and English language requirements.

After submitting your online application, you will be prompted to schedule a biometric appointment at a local visa application centre. During this appointment, your fingerprints and photograph will be taken, which are essential components of the visa processing. You may also need to submit original copies of supporting documents, depending on the centre’s specific requirements. Processing times for these applications can vary, generally taking up to 12 weeks, though priority services may expedite this timeline.

Switching to a Family Visa

For those already in the UK on a different visa type, switching to a Spouse Visa can be a straightforward option, provided you meet the eligibility criteria. The switch must be done before the expiry of your current visa. Applicants can initiate the process by submitting an online application, and similar to the standard application, you’ll need to provide biometric data and supporting documents.

Switching to a Spouse Visa allows individuals to extend their stay without leaving the UK. This process not only requires proof of a genuine relationship but also the fulfillment of financial and English language requirements. Typically, processing for switching visas is faster than applying from outside the UK, with decisions usually made within eight weeks. However, applicants can opt for the super-priority service for faster processing, if available, at an additional cost.

Extending Your Stay

If you are already in the UK on a Spouse Visa and wish to stay beyond your current permission, you can apply for an extension. This extension is necessary for those aiming to reach the five-year residency requirement for Indefinite Leave to Remain (ILR). The extension process requires you to demonstrate that your circumstances remain unchanged, and you continue to meet the financial, relationship, and language requirements.

To extend your stay, you must submit an application online and attend a biometric appointment. The extension typically grants an additional 30 months, with up to 28 days from your current visa’s expiry added to the new visa period. Processing times are generally around eight weeks, though applicants may opt for expedited services. Ensuring the accuracy of your application and submitting comprehensive documentation is essential for a smooth process and timely approval.

Proving Your Relationship

To demonstrate the authenticity of your relationship, UK Visas and Immigration (UKVI) requires various forms of evidence. This proof should indicate that you and your partner share a genuine and ongoing relationship, whether through marriage, civil partnership, or long-term cohabitation.

• Marriage or Civil Partnership Certificate: Legal proof of your marriage or civil partnership.
• Cohabitation Evidence: Joint tenancy agreements, utility bills, or council tax bills that show you live together.
• Photos and Correspondence: Personal photos, travel records, and communication logs.

These documents collectively substantiate your commitment and support the validity of your relationship.

Proof of Financial Stability

Financial evidence is crucial to demonstrate that the UK sponsor can support their partner without relying on public funds. You need to provide documentation proving that you meet the required income threshold or have adequate savings.

• Payslips and Bank Statements: Evidence of income over the past six months.
• Self-Employment Documents: Tax returns and business accounts for self-employed sponsors.
• Savings Documentation: Bank statements showing savings above £16,000 for at least six months.

This evidence assures UKVI that the couple has the financial means to maintain themselves independently.

English Language Proof

Proving English language proficiency is another key requirement. Applicants can meet this through an approved language test or by submitting academic qualifications. The specific level required varies between initial applications and extensions.

• Secure English Language Test (SELT) Certificate: A1 or A2 level certificates from an approved provider.
• Degree Taught in English: An English Language Proficiency Statement from Ecctis.
• Nationality Documents: For those exempt, proof of citizenship from an English-speaking country.

This requirement ensures that applicants possess basic communication skills, aiding their integration into UK society.

Additional Documents

In addition to the above, applicants need to provide various standard documents that support their Spouse Visa application. These documents confirm your identity, health, and living arrangements in the UK.

• Passports: Valid passports for both applicant and sponsor.
• Tuberculosis Test Certificate: Required for applicants from specified countries.
• Accommodation Evidence: Rental agreement or mortgage statement showing your UK living arrangements.

By gathering these documents, you can present a complete and compliant application to UKVI, enhancing your chances of approval.

The UK Spouse Visa application involves specific costs, including the standard application fee and the Immigration Health Surcharge (IHS), which allows access to the UK’s healthcare services. Additionally, applicants can opt for priority services to expedite the processing of their application.

• Visa Application Fee:
  • Applying from Outside the UK: £1,846 per person.
  • Applying from Inside the UK: £1,258 per person.
• Immigration Health Surcharge (IHS):
  • Adults (18 or older): £2,587.50 for a 2.5-year visa.
  • Children (under 18): £1,940 for a 2.5-year visa.
• Priority Processing Fees:
  • Priority Service: £500 for a faster decision within five working days.
  • Super Priority Service: £1,000 for a decision by the end of the next working day.

Choosing a priority service can significantly reduce processing times, helping applicants receive their decisions sooner. Proper budgeting for these fees can streamline the application process and avoid unnecessary delays.

The processing time for a UK Spouse Visa depends on various factors, including where you apply from and whether you choose a standard or expedited service. Understanding these timelines can help applicants plan their move to the UK effectively.

Standard Processing Times:

• • Applications from Outside the UK: Typically processed within 12 weeks.
  • Applications from Inside the UK: Usually take around 8 weeks.

Expedited Processing Options:

• • • Priority Service: For an additional £500, applicants can receive a decision within 5 working days.
    • Super Priority Service: Available at £1,000, offering a decision by the end of the next working day.

By selecting an expedited service, applicants can significantly reduce waiting times, ensuring quicker processing for those with urgent timelines. It is recommended to check service availability, as it may vary based on location and application type.

10-Year Route

For applicants who cannot meet the standard requirements, the 10-year route offers an alternative path to settlement. This option is available to those facing significant obstacles, such as financial limitations, that prevent them from qualifying for the standard five-year route.

• Eligibility: Ideal for those unable to meet income requirements or facing other challenges related to visa conditions.
• Residency Requirement: Applicants can apply for Indefinite Leave to Remain (ILR) after ten years of continuous residency.

The 10-year route provides a more flexible but longer pathway for those who may not initially meet all criteria of the five-year route.

Humanitarian Protection and Refugee Status

In cases where the UK-based partner has refugee or humanitarian protection status, special eligibility considerations apply. This route is intended to reunite families separated by conflict or persecution, offering a unique pathway for partners of those granted protection status in the UK.

• Eligibility: This route is for partners of individuals with leave to remain as refugees or humanitarian protection.
• Process: Different financial and residency requirements may apply, depending on the specific protection status.

These alternative routes provide avenues for families to reunite under unique or challenging circumstances, ensuring that applicants have options beyond the standard Spouse Visa requirements.

Spouse Visa Approval: Next Steps

Once your Spouse Visa application is approved, you will receive a visa vignette in your passport, allowing you to enter the UK. Upon arrival, you must collect your Biometric Residence Permit (BRP) from a designated location within ten days. The BRP serves as proof of your immigration status and allows you to access services, work, and study in the UK.

• Visa Vignette: A temporary visa sticker in your passport for entry.
• BRP Collection: Available at a local post office or specific location noted in your approval letter.

Having your BRP is essential for demonstrating your right to live and work in the UK, so timely collection is crucial.

What If My Visa Is Refused?

If your application is refused, you’ll receive a detailed refusal letter explaining the reasons. Understanding the grounds for refusal is essential for determining your next steps, which may include submitting a fresh application or lodging an appeal.

• Understanding the Grounds for Refusal: Review the letter to understand where your application did not meet requirements.
• Appeals: If applicable, you may appeal the decision, especially in cases of legal or procedural errors.
• Fresh Application: When appeals are not available or advisable, reapplying with additional or corrected documentation can be the best option.

Extension for an Additional 30 Months

Once the initial 33-month Spouse Visa period ends, applicants who wish to remain in the UK can apply for an extension. This additional 30-month extension is necessary to meet the five-year residency requirement for Indefinite Leave to Remain (ILR). During this process, applicants must continue to meet the financial and relationship requirements, as well as the English language criteria.

• Application Process: Complete an online application before your current visa expires.
• Supporting Documents: Similar to the initial visa, proof of financial stability, relationship authenticity, and language proficiency is required.

Timely extension applications ensure continued legal residency, leading to the way towards permanent settlement in the UK.

Re-evaluation of Circumstances

When applying for an extension, UK Visas and Immigration (UKVI) will reassess your eligibility based on your current circumstances. This reassessment ensures that applicants continue to meet all conditions of the Spouse Visa, including maintaining financial stability and a genuine relationship with their UK-based partner.

• Financial and Relationship Proof: Updated documentation is necessary to prove continued compliance.
• English Language Requirement: If you previously demonstrated A1 level proficiency, you will now need to show A2 level proficiency for the extension.

This re-evaluation ensures that applicants remain eligible and are prepared for eventual ILR application.

Planning for Indefinite Leave to Remain (ILR)

After five years of continuous residence on a Spouse Visa, applicants may apply for ILR, which provides permanent residency in the UK. Meeting the ILR criteria requires a consistent demonstration of eligibility throughout the five-year period, including extensions.

• Residency Requirement: A full five years on a Spouse Visa or related extensions is necessary.
• Final Proof of Eligibility: Financial, relationship, and language evidence is once again required, reflecting continued adherence to visa conditions.

ILR represents a significant step towards permanent settlement, offering the right to live, work, and remain in the UK without time restrictions.

Understanding Visa Refusals

Visa refusals can occur for various reasons, including incomplete applications, insufficient evidence, or failure to meet the financial, relationship, or language requirements. Applicants will receive a refusal letter detailing the grounds for rejection, which is essential for understanding how to proceed.

• Common Grounds for Refusal: Missing documents, inadequate proof of relationship, or insufficient financial evidence.
• Reviewing the Refusal Letter: Carefully reading this letter helps applicants identify areas where their application fell short.

Understanding the refusal grounds allows applicants to take appropriate steps, whether through appeals or reapplication.

Appeals and Fresh Applications

If your application is refused, you may have the right to appeal, particularly if you believe the decision was based on a misinterpretation of facts or evidence. In cases where appeals are not possible, submitting a new application with corrected and complete information may be the best course of action.

• Appeals Process: Certain refusals may qualify for appeals, involving a review by an immigration tribunal.
• Fresh Application: Reapplying with enhanced documentation can often resolve issues identified in the refusal.

Addressing the specific reasons for refusal helps improve the chances of success in any subsequent applications.

UK Spouse Visa Official Page – UK Visas and Immigration (UKVI)
Website: https://www.gov.uk/uk-family-visa/partner-spouse

Application Form and Guidance
Website: https://www.gov.uk/uk-family-visa

Right to Work Check: Employer Guidance
Website: https://www.gov.uk/check-job-applicant-right-to-work

UK Visas and Immigration (UKVI)
Website: https://www.gov.uk/government/organisations/uk-visas-and-immigration

Visa Processing Times
Website: https://www.gov.uk/visa-processing-times

Approved English Language Tests and Providers
Website: https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt

Immigration Health Surcharge (IHS)
Website: https://www.gov.uk/healthcare-immigration-application

Financial Requirement Guidance – Appendix FM
Website: https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members

Ecctis (formerly UK NARIC) – Qualification Assessment
Website: https://www.ecctis.com/